[Federal Register Volume 69, Number 217 (Wednesday, November 10, 2004)]
[Rules and Regulations]
[Pages 65089-65090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24864]



48 CFR Part 214

[DFARS Case 2003-D076]

Defense Federal Acquisition Regulation Supplement; Sealed Bidding

AGENCY: Department of Defense (DoD).

ACTION: Final rule.


SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to update text pertaining to 
sealed bidding. This rule is a result of a transformation initiative 
undertaken by DoD to dramatically change the purpose and content of the 

EFFECTIVE DATE: November 10, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, Defense Acquisition 
Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326; 
facsimile (703) 602-0350. Please cite DFARS Case 2003-D076.


[[Page 65090]]

A. Background

    DFARS Transformation is a major DoD initiative to dramatically 
change the purpose and content of the DFARS. The objective is to 
improve the efficiency and effectiveness of the acquisition process, 
while allowing the acquisition workforce the flexibility to innovate. 
The transformed DFARS will contain only requirements of law, DoD-wide 
policies, delegations of FAR authorities, deviations from FAR 
requirements, and policies/procedures that have a significant effect 
beyond the internal operating procedures of DoD or a significant cost 
or administrative impact on contractors or offerors. Additional 
information on the DFARS Transformation initiative is available at 
    This final rule is a result of the DFARS Transformation initiative. 
The DFARS changes include--
     Deletion of unnecessary text at DFARS 214.201-1, 214.407-
3(h), and 214.5.
     Redesignation of DFARS 214.202-5(d) as 214.202-5(c) for 
consistency with the corresponding FAR text.
     Addition of the Defense Contract Management Agency General 
Counsel to the list of agency officials authorized to permit correction 
of mistakes in bid before award.
    DoD published a proposed rule at 69 FR 8152 on February 23, 2004. 
DoD received no comments on the proposed rule. Therefore, DoD has 
adopted the proposed rule as a final rule without change.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD certifies that this final rule will not have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because the rule deletes unnecessary text and updates administrative 
information, but makes no significant change to contracting policy.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Part 214

    Government procurement.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

Therefore, 48 CFR part 214 is amended as follows:
1. The authority citation for 48 CFR part 214 continues to read as 

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.


214.201-1  [Removed]

2. Section 214.201-1 is removed.

214.202-5  [Amended]

3. Section 214.202-5 is amended by redesignating paragraph (d) as 
paragraph (c).

4. Section 214.407-3 is amended as follows:
a. By adding paragraph (e)(ix); and
b. By removing paragraph (h). The added text reads as follows:

214.407-3  Other mistakes disclosed before award.

    (e) * * *
    (ix) Defense Contract Management Agency: General Counsel, DCMA.

Subpart 214.5--[Removed]

5. Subpart 214.5 is removed.

[FR Doc. 04-24864 Filed 11-9-04; 8:45 am]